Evolution of Victims’ Rights & Services in Australia? Michael O’Connell AM APM Consulting Victimologist Secretary-General, WSV Member, INVICTM Member, VSA Michael O’Connell Commissioner for Victims’ Rights Housing SA – February 2017MM

1960: Statutory, state-funded victim compensation Margaret Fry – most offenders impecunious Nils Christie - ideal victim Rationales – social contract, humanitarian, crime prevention Research – mixed results Crime / victim surveys – growth of statistics to inform

1970: Advent of the victims’ movement & growth of victim assistance Civil rights – spurred on other causes Women’s movement - unenviable & powerless position - crisis centres & shelters Victim activism – self-help organisations Research – mismatch: victims’ needs v victim services

1980: Promulgation of victims’ rights Inquiry into victims of crime – South Australia (1981), NSW, VIC, TAS, ACT, WA, QLD United Nations – Declaration of Basic Principles of Justice for Victims of Crime and Victims of Abuse of Power Domestic victims’ rights instruments Evolving victim assistance Professionalisation – social work paradigm Government intervention – funding Victim activism – Victimological scholarship

1990: Consolidating victims’ rights yet contracting victim compensation National Charter on Victims’ Rights Research as an ‘influence’ Evaluation of VIS (1994) Review on Victims of Crime (1998-2001) Government ‘intrusion’ into victim assistance – search for efficiency, effectiveness, efficacy Victim compensation – contracting as financial assistance schemes evolve

2000: The promise of better justice by giving victims stronger rights Victims’ participatory rights (e.g. consultation on charge decisions) Commonwealth Secretariat Nations – Basic Statement of Justice for Victims of Crime Alternative approaches to criminal justice Non-adversarial (e.g. therapeutic jurisprudence, ‘smart justice’, restorative justice) Research & Inquiries – shortcomings in implementation of victims’ rights declarations Appointment of independent statutory officers (e.g. Victims of Crime Coordinator in SA becomes Commissioner for Victims’ Rights

Victims’ Rights Instruments International - United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) Commonwealth Statement of Basic Principles of Justice for Victims of Crime (endorsed by Senior Law Officers for the Commonwealth 2005). National - National Charter on Victims’ Rights (endorsed by the Standing Committee of Attorneys-General, Australia 1993) South Australia’s Declarations: Declaration on Victims’ Rights (1985): Administrative Direction. Declaration of Principles Governing Treatment of Victims in the Criminal Justice System (2000): Endorsed by the Attorney-General, then Cabinet Declaration of Principles Governing Treatment of Victims in the Criminal Justice System (2001): Enshrined in the Victims of Crime Act 2001 (SA) Amended by inserting new ‘rights’ 2008 & 2010

2010: A fundamental shift towards collaboration and cooperation National Victims of Crime Working Group – established 2008 but purpose shifted in 2010 National Framework on Victims’ Rights & Victim Assistance National Implementation Plan Good Practice Guidelines for Treatment of Victims of Terrorism Overseas Australian Victims of Terrorism Overseas Program Victims’ procedural justice Participatory rights – using the law and practice to strengthen the victim’s position in criminal justice

Victims’ Rights – Parallel Rights

Declaration Governing Treatment of Victims of Crime A victim should be treated with kindness and respect. Right to be told about services that can help the victim (and how to contact them). Right to be told about the progress of the investigation. Right to have perceived safety concerns presented to a bail authority. Right to know what is happening to the suspect (including his or her name) and/or personal property taken as evidence. Right to know if the accused person is not charged or charged with a less serious offence. Right to be present in court, unless the court orders otherwise. Right to be informed on role and responsibilities as a witness. Right to be protected from unnecessary contact with offender / offender’s family.

Declaration Governing Treatment of Victims of Crime 10. Right to privacy (e.g. residential address not disclosed). Right to have property returned as soon as practical. Right to make a VIS Right to information about restitution and compensation. Right to be informed on court outcome (e.g. details of sentence) and have such explained. Right to ask for a review for purpose of determining whether an appeal is appropriate. Right to notification about release / escape and return to custody of offender. Right to make submission to Parole Board Right to be informed on parole conditions or licence conditions if mentally ill offender Right to be informed if prisoner absconds Right to information on how to make a complaint

Justice denied anywhere diminishes justice everywhere. Victims Rights – Right for All Justice denied anywhere diminishes justice everywhere. Martin Luther King Jr